( 1 ) A plaint was rejected by the trial Court and in appeal that order was reversed by the appellate Court which directed the trial Court to proceed with the suit. It is against this order that this appeal has been filed.

( 2 ) THE plaint was rejected by the trial Court after issues had been framed by it. So the order is clearly wrong. Under Order 14 Rule 1 C. P. Code issues are framed at the first hearing of the suit; in other words after the suit has been admitted under Order 7 Rule 9 C. P. Code. When a suit has been admitted under Order 7 Rule 9 C. P. Code it cannot be rejected under Order 7 Rule 11 C. P. Code. On this ground alone the appellate Court was right in setting aside the order of the rejection of the plaint.

( 3 ) THE learned counsel for the appellant however relies on Kishore Singh v. Sabdal Singh I. L. R. 12 Allahabad 553 and contends that a plaint can be rejected at any stage of a suit. The learned Judges of the Allahabad High Court were dealing with the case where a plaint in a pre-emption suit had after the issues had been framed been rejected on the ground that in the plaint the plaintiff had not shown any cause of action. A second suit for pre-em